What To Do If Falsely Accused of Domestic Violence in Colorado
Being falsely accused of domestic violence in Colorado? This can turn your life upside down pretty quickly. You can be separated from your family or even lose your job. Understanding the law and knowing how to defend yourself with the help of domestic violence attorneys is key. We’ll walk through the steps you should consider if this happens.
First, let’s examine Colorado’s domestic violence laws. Understanding these laws is necessary for building your defense.
The Legal Side of Things – Defining Domestic Violence in Colorado
Here in Colorado, domestic violence isn’t a specific crime itself. Instead, it’s more like a tag that gets added to another crime, making the penalties harsher. It applies to any crime that involves violence or threats of violence against someone you’re in a close relationship with.
An “intimate partner” is defined pretty broadly—think spouses, exes, co-parents, current or former dating partners, and people you live with or used to live with.
What You Might Be Charged With
You can face charges ranging from something minor, like harassment, to serious stuff like attempted murder. Often, these charges come with mandatory arrest policies and restraining orders, which, as you can imagine, really throw a wrench into your everyday life.
Become Proactive if You’ve Been Charged with Domestic Violence – Steps to Take
If you’ve been charged with domestic violence, you need to take specific steps to ensure you stay legally compliant and keep your cool. If you face this charge:
Keep Calm and Don’t Say Anything
It’s understandable to be angry, scared, and frustrated. But getting into a shouting match or confronting anyone is a bad idea. Anything you say can, and likely will, be used against you. Use your right to remain silent and politely decline to answer questions without a lawyer present.
Stay Away from the Person Accusing You
Don’t try to contact the person who accused you, no matter how innocent you are. Even if you think you can talk them into changing their story, any contact can be seen as harassment or intimidation.
Get a Lawyer ASAP
The most important thing is to call a good criminal defense lawyer who knows domestic violence cases in Colorado. They’ll help protect your rights, guide you through the legal mess, and develop a solid defense strategy.
Gather the Evidence
Putting together a strong defense means you need to gather evidence. Your lawyer will guide you through this process. They can direct you in collecting the required evidence for your defense.
- Write Everything Down. Keep a detailed record of everything that happened, all the interactions, and any communication related to the accusation. Include dates, times, locations, and who was involved. Memories can get fuzzy, so having a written record is super helpful.
- Collect Information to Prove Your Innocence. Collect evidence that shows you are innocent. This can be texts, emails, photos, videos, receipts – anything that goes against the accusations. Keep these items safe and give copies to your lawyer.
- Find Witnesses. If anyone saw what happened, get their contact information and give it to your lawyer. They can testify and support your defense.
Understanding the Court Process
The legal process can be confusing and intimidating. Knowing what to expect helps you feel more prepared.
Arrest
In many domestic violence cases, the police have to make an arrest. You might be taken to jail, booked, and held until you go before a judge.
No Contact
Often, a restraining order is issued right after the arrest. This order says you can’t contact the person who accused you. Breaking a restraining order is a big deal and can lead to more charges. Make sure you understand what the order says and follow it exactly.
First Court Appearance
This is where you first appear before a judge, who will tell you what charges you’re facing. You appear in court, where release conditions will be set. Your lawyer will be there to represent you.
Now, regarding a preliminary hearing. It’s the prosecution’s job to establish probable cause for the charges to proceed. In response, your defense attorney must challenge the evidence, possibly getting the case thrown out of court.
Plea Bargaining
Plea bargaining is another area of the court process. Your defense attorney might negotiate with the prosecution, pleading guilty to a lesser charge for a lighter sentence. Though it might sound good, you must fully grasp the implications before agreeing to the agreement.
Going to Court
If no plea bargain is reached, your case can go to trial. Both sides will present evidence and arguments. Rest assured, your attorney will vigorously defend you, challenging the prosecution’s case.
Strategies for a Defense
Building a strong defense is paramount when facing false accusations. Let’s consider potential defense strategies that your lawyer may choose to pursue.
Challenging Credibility
Challenging the accuser’s credibility is a key aspect. Your defense attorney might investigate their background, look for inconsistencies in their statements, or uncover any potential motives for the false accusations. Prior false reports, possible mental health concerns, or ongoing disputes may all be relevant.
Do You Have an Alibi?
Moreover, it is vital to present an alibi or any evidence that contradicts the accusation. This can include surveillance footage, testimonies from witnesses, or forensic evidence.
Lack of Physical Evidence
Highlighting the absence of physical evidence can also be significant. If there are no physical injuries or damages, your attorney may emphasize this lack of proof to cast doubt on the claims.
What is the Motive for the Charge?
Demonstrating bias or motive is another avenue to take for a defense. Should evidence suggest bias, revenge, or some other justification for the false accusation, your criminal defense attorney will present it to the court, including potential custody disputes, financial issues, or relationship conflicts.
Consequences
It is also essential to understand the potential consequences of a conviction. Even if you are innocent, you must be prepared for the possible outcomes.
Penalties and Punishments
Conviction can lead to criminal penalties, resulting in jail time, fines, probation, and, often, mandatory anger management classes. The severity of the penalties is usually dictated by the specific charges and the circumstances surrounding the case.
Restraining Orders
Restraining orders and no-contact orders may also be imposed. These can remain in place for quite some time, further restricting your contact with the accuser and, possibly, even your children.
Employment and Housing
Employment and housing can also be affected. Some employers may dismiss employees with domestic violence convictions, and rental applications can be denied.
Relationships
Furthermore, the social and personal consequences of a false accusation and subsequent conviction can be devastating. Damage to reputation, strained or lost relationships, and emotional distress can result.
Your Rights
Protecting your rights is incredibly important throughout this ordeal. Always know them and ensure they are respected.
Remember, you have the right to remain silent. Use it, and don’t answer any questions unless your attorney is present.
You are entitled to a fair and impartial trial. This includes your right to present a defense, to cross-examine witnesses, and to have your case heard by a jury of your peers.
Speak to a Criminal Defense Lawyer About Your Rights Now
Being wrongly accused of domestic violence here in Colorado is challenging and stressful. Staying composed, hiring a criminal defense lawyer immediately, and gathering evidence for a solid defense are all critical.
Knowing the legal ropes and your rights empowers you to handle things with fewer obstacles. Don’t forget that emotional support and preventative action are important for moving ahead and protecting yourself. Contact a lawyer about your rights right away!